Notice of Intent (NOI) Letter
Submitting the Notice of Intent (NOI) Letter
- The NOI letter must be submitted to IDEM at least 48 hours prior to any soil disturbing activity. (This requirement clearly suggest that an project site owner wishing to obtain a Rule 5 permit should plan to submit a Construction Plan to the Soil and Water Conservation District (SWCD) at least 30 days before any soil disturbance takes place
- Some of the information to be included in the NOI letter are the following:
- Name and location (street address) of the site
- Project site owner's contact information (or their designated contact person)
- Brief description of the construction project and its size (in acres)
- Estimated dates to begin and end construction
- Legal (surveyor's) description of the site location as well as the site location's latitude and longitude
- A list of all MS4 (Municipal Separate Storm Sewer System) areas within which the project is located
- Written certification by the project site owner that all storm water quality requirements will be addressed by the Construction Plan, and that the plan will be implemented as stated, and inspected by trained personnel. (Individuals trained and experienced in the principles of storm water quality, including erosion and sediment control as demonstrated by a state registration, professional certification, experience, or completion of coursework that enables the individual to make judgments regarding storm water control or treatment and monitoring.)
- The name(s) of the receiving body, or bodies, of water
- The NOI letter must be accompanied by these 3 things:
- Proof of publication in a newspaper of general circulation of the project site owner's notification to the public
- A $100 application fee, (That fee is forwarded by IDEM to the Indiana Department of Natural Resources, which shares it with the various county SWCDs that review the construction plans.
- A construction plan review approval verification form, or "construction approval document" - a notification from the SWCD or other reviewing agency that stating that the Construction Plan is sufficient. (This requirement clearly suggest that an project site owner wishing to obtain a Rule 5 permit should plan to submit a Construction Plan to the SWCD at least 30 days before any soil disturbance takes place.)
- However, if the allotted 28 day review period has passed since the SWCD or other reviewing agency received the Construction Plan, but the project site owner still has not received a "construction approval document," he or she may go ahead and submit a NOI letter to IDEM. In place of the "construction approval document" the NOI must instead be accompanied by a "notification of plan receipt" - a form from the SWCD or other reviewing agency stating that at least 28 days have passed since they first received a copy of the Construction Plan for review. If a "notification of plan receipt" has not been provided, the project site owner may request that the SWCD or other reviewing agency fax or mail it to them. That copy of the "notification of plan receipt" can then be submitted to IDEM with the NOI letter as a placeholder for the "construction approval document."
- The NOI letter must be signed by the responsible project site owner or their duly authorized representative and sent to:
100 N Senate Avenue
Indianapolis, IN 46207
Additional Requirements After the NOI letter has been submitted to IDEM include (but are not limited to):
- If the NOI letter submitted to IDEM was accompanied by a "notification of plan receipt" instead a construction plan review approval verification form, or "construction approval document," and the project site owner subsequently is notified that the Construction Plan was deficient, then the SWCD or other reviewing agency may require that the plan be modified. If that is the case, the project site owner will have 21 days to submit modifications to the plan.
- If the project site owner begins construction after receiving notification that the Construction Plan is deficient, it is a violation of Rule 5 subject to enforcement action. However, if construction already was begun before the project site owner received notification that the Construction Plan is deficient, he or she may continue construction, but must also re-submit a modified Construction Plan with 14 days.
- If the NOI letter is determined by IDEM to be deficient, the project site owner must address the deficient items, and submit an amended NOI letter to IDEM.
- At the same time the NOI letter is submitted to IDEM, copies of the completed letter also must be sent by the project site owner to each SWCD in which the site (where the soil disturbing activity will occur) is located.
- If the proposed project lies within a designated MS4 (Municipal Separate Storm Sewer System) area and that MS4 has an approved construction site run-off control program in place, then the project site owner also must send a copy of the NOI letter to that MS4 program office.